Proposed Rule2025-12194
Retiring Form FRA F 6180.107 and Form FRA F 6180.150
Primary source
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Published
July 1, 2025
Issuing agencies
Transportation DepartmentFederal Railroad Administration
Abstract
This proposed rule would retire Form FRA F 6180.107, "Alternative Record for Illnesses Claimed to be Work-Related" (Form 6180.107), and Form FRA F 6180.150, "Highway User Injury Inquiry Form" (Form 6180.150). The proposed rule would also change the record retention period required under FRA's accident reporting regulations and make other technical corrections.
Full Text
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<title>Federal Register, Volume 90 Issue 124 (Tuesday, July 1, 2025)</title>
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[Federal Register Volume 90, Number 124 (Tuesday, July 1, 2025)]
[Proposed Rules]
[Pages 28651-28654]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-12194]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
49 CFR Part 225
[Docket No. FRA-2025-0124]
RIN 2130-AD59
Retiring Form FRA F 6180.107 and Form FRA F 6180.150
AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: This proposed rule would retire Form FRA F 6180.107,
``Alternative Record for Illnesses Claimed to be Work-Related'' (Form
6180.107), and Form FRA F 6180.150, ``Highway User Injury Inquiry
Form'' (Form 6180.150). The proposed rule would also change the record
retention period required under FRA's accident reporting regulations
and make other technical corrections.
DATES: Comments on the proposed rule must be received by September 2,
2025. FRA may consider comments received after that date, but only to
the extent practicable.
ADDRESSES: Comments: Comments related to Docket No. FRA-2025-0124 may
be submitted by going to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and following the
online instructions for submitting comments.
Instructions: All submissions must include the agency name, docket
number (FRA-2025-0124), and Regulatory Identification Number (RIN) for
this rulemaking (2130-AD59). All comments received will be posted
without change to <a href="https://www.regulations.gov">https://www.regulations.gov</a>; this includes any
personal information. Please see the Privacy Act heading in the
SUPPLEMENTARY INFORMATION section of this document for Privacy Act
information related to any submitted comments or materials.
Docket: For access to the docket to read background documents or
comments received, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and follow the
online instructions for accessing the docket.
FOR FURTHER INFORMATION CONTACT: Michael Wissman, Railroad Safety
Specialist, Part 225, Federal Railroad Administration, telephone: 610-
314-5729, email: <a href="/cdn-cgi/l/email-protection#274a4e444f46424b09504e54544a46496743485309404851"><span class="__cf_email__" data-cfemail="9ff2f6fcf7fefaf3b1e8f6ececf2fef1dffbf0ebb1f8f0e9">[email protected]</span></a>; or Michael C. Spinnicchia,
Attorney Adviser, Federal Railroad Administration, telephone: 202-713-
7671, email: <a href="/cdn-cgi/l/email-protection#1c71757f747d7970326f6c757272757f7f74757d5c787368327b736a"><span class="__cf_email__" data-cfemail="54393d373c3531387a27243d3a3a3d37373c3d3514303b207a333b22">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
Consistent with the deregulatory agenda of President Donald J.
Trump and Secretary of Transportation Sean P. Duffy, which seeks to
unleash America's economic prosperity without compromising
transportation safety, FRA is reviewing its regulatory requirements in
parts 200 through 299 of Title 49, Code of Federal Regulations (CFR).
The requirements for FRA-regulated entities to report accidents and
incidents meeting certain criteria
[[Page 28652]]
are established in 49 CFR part 225, ``Railroad Accidents/Incidents:
Reports Classification, and Investigations.'' Some of the requirements
contained in part 225 could be updated to reduce burdens, make
technical or conforming changes, or otherwise adjust to advancing
technology without any adverse effect on railroad safety. Please review
the Section-by-Section Analysis below for the relevant information
related to each proposed change.
II. Section-by-Section Analysis
Section 225.3 Applicability
As is discussed in the Section-by-Section Analysis for Sec.
225.33, FRA is proposing the removal of Sec. 225.33(a)(11). Since the
introductory text of Sec. 225.3(b) currently references Sec.
225.33(a)(3) through (11), FRA is proposing to revise this text to
refer to Sec. 225.33(a)(3) through (10).
Section 225.21 Forms
Section 225.25 Recordkeeping
FRA is proposing to retire Form 6180.107 and Form 6180.150. Form
6180.107 is a form railroads may use in lieu of Form FRA F 6180.98,
``Railroad Employee Injury and/or Illness Record,'' (Form 6180.98) to
record illnesses claimed by an employee to be work-related but for
which there is insufficient information for the railroad to determine
work-relatedness. FRA initially proposed the creation of this form
because it thought it would promote better accounting of contested
illness claims, provide an appropriate audit trail, and ``result in a
body of information that can be used in the future for research into
the causes of prevalent illnesses.'' \1\
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\1\ 67 FR 63022, 63031 (Oct. 9, 2002).
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Two decades later, the desired benefits of this form have not come
to fruition as railroads rarely use this form. Furthermore, Sec.
225.21(h) already allows railroads to use alternative designed forms,
in lieu of Form 6180.98, to record accountable injuries and illnesses.
Form 6180.107 is rarely used and has not achieved its desired goals.
For railroads that want to continue using this form, Sec. 225.21(h)
would allow them to design their own form that is modeled after Form
6180.107. Therefore, FRA proposes retiring this form and removing
Sec. Sec. 225.21(j) and 225.25(i)-(j) which describe the requirements
for completing Form 6180.107 or an alternative railroad-designed form
in lieu of Form 6180.107.
Railroads are required to send Form 6180.150 to every potentially
injured highway user in a highway-rail grade crossing accident. The
form was designed to assist railroads in making determinations about
whether a highway user incurred an injury that must be reported to FRA.
However, similar to Form 6180.107, Form 6180.150's intended goals have
not been attained. FRA estimates that railroads receive responses from
approximately 1% of highway users that are sent this form. Thus, FRA is
proposing retiring this form and removing Sec. 225.21(k).
Section 225.27 Retention of Records
Paragraph (a) of this section creates two categories of retention
periods for certain FRA forms and the monthly listing of injuries and
illnesses required by Sec. 225.25: a five-year retention period and a
two-year retention period. In the interest of uniformity, FRA is
proposing that all records subject to this paragraph have a single
retention period. FRA expects that a five-year retention period is
unnecessarily long. However, a two-year retention period may be too
short given FRA's audit schedule. Thus, FRA is proposing to revise this
paragraph so that all records must be retained for at least three years
after the end of the calendar year to which they relate. Since FRA is
proposing retiring Form 6180.107 and Form 6180.150, these forms have
also been removed from proposed paragraph (a).
Section 225.33 Internal Control Plans
Paragraph (a)(11) of this section requires a railroad's internal
control plan to include a statement specifying the name, title, and
address of the custodian of a railroad's Form 6180.107's or the
alternate railroad-designed forms. Since FRA is proposing retiring the
Form 6180.107, FRA is also proposing removing this paragraph.
Section 225.35 Access to Records and Reports
Since FRA is proposing retiring Form 6180.107, it is also proposing
removing the references to Form 6180.107 in paragraph (b) of this
section. In addition, paragraph (b) incorrectly cites to Sec.
225.31(b) for FRA's subpoena authority. FRA is proposing correcting
this citation to Sec. 225.31(a)(2).
Lastly, FRA will revise the FRA Guide for Preparing Accident/
Incident Reports in accordance with any changes to part 225 finalized
in this rulemaking.\2\
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\2\ <a href="https://railroads.dot.gov/elibrary/fra-guide-preparing-accidentincident-reports-0">https://railroads.dot.gov/elibrary/fra-guide-preparing-accidentincident-reports-0</a>.
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III. Regulatory Impact and Notices
A. Executive Order (E.O.) 12866 (Regulatory Planning and Review) and
DOT Regulatory Policies and Procedures
FRA has considered the impact of this NPRM under E.O. 12866 (58 FR
51735, Oct. 4, 1993), Regulatory Planning and Review, and DOT
Regulatory Policies and Procedures. The Office of Information and
Regulatory Affairs within the Office of Management and Budget (OMB)
determined that this NPRM is not a significant regulatory action under
section 3(f) of E.O. 12866.
FRA analyzed the potential costs and benefits of this proposed
rule. FRA concluded that this proposed rule may impart minimal
additional burden on regulated entities, but overall would provide
greater relief to railroads. Regulated entities may see a minimal
increased burden to retain certain forms for an additional year under
the proposed rule. However, those same entities would also see a
decreased burden by other forms that have a shorter retention period
(three years instead of five years). FRA expects any potential
additional burden to be outweighed by the benefits of this NPRM, and
therefore estimates the proposed rule to be overall cost beneficial.
Because this proposed rule would retire two FRA Forms and change the
retention period under Sec. 225.27(a), this proposed rule would
provide qualitative benefits by requiring regulated entities to fill
out fewer forms and require less storage and retention. This rule will
also provide flexibility by clarifying, simplifying, and updating the
language of part 225.
B. E.O. 14192 (Unleashing Prosperity Through Deregulation)
E.O. 14192 (90 FR 9065, Jan. 31, 2025), Unleashing Prosperity
Through Deregulation, requires that for ``each new [E.O. 14192
regulatory action] issued, at least ten prior regulations be identified
for elimination.'' \3\ Implementation guidance for E.O. 14192 issued by
OMB (Memorandum M-25-20, Mar. 26, 2025) defines two different types of
E.O. 14192 actions: an E.O. 14192 deregulatory action, and an E.O.
14192 regulatory action.\4\
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\3\ Executive Office of the President. Executive Order 14192 of
January 31, 2025. Unleashing Prosperity Through Deregulation. 90 FR
9065-9067 (Feb. 6, 2025).
\4\ Executive Office of the President. Office of Management and
Budget. Guidance Implementing Section 3 of Executive Order 14192,
Titled ``Unleashing Prosperity Through Deregulation.'' Memorandum M-
25-20. March 26, 2025.
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An E.O. 14192 deregulatory action is defined as ``an action that
has been
[[Page 28653]]
finalized and has total costs less than zero.'' This proposed
rulemaking is expected to have total costs less than zero, and
therefore it would be considered an E.O. 14192 deregulatory action upon
issuance of a final rule. While FRA affirms that each amendment
proposed in this NPRM has a cost that is negligible or ``less than
zero'' consistent with E.O. 14192, FRA requests comment on the extent
of the cost savings for the changes proposed in this NPRM.
C. Regulatory Flexibility Act and E.O. 13272
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.), as amended
by the Small Business Regulatory Enforcement Fairness Act of 1996,\5\
requires Federal agencies to consider the effects of the regulatory
action on small business and other small entities and to minimize any
significant economic impact. Accordingly, DOT policy requires an
analysis of the impact of all regulations on small entities, and
mandates that agencies strive to lessen any adverse effects on these
businesses. The term small entities comprises small businesses and not-
for-profit organizations that are independently owned and operated and
are not dominant in their fields, and governmental jurisdictions with
populations of less than 50,000 (5 U.S.C. 601(6)).
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\5\ Public Law 104-121, 110 Stat. 857 (Mar. 29, 1996).
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No regulatory flexibility analysis is required, however, if the
head of an Agency or an appropriate designee certifies that the rule
will not have a significant economic impact on a substantial number of
small entities. This proposed rule may impart minimal additional burden
under part 225, but overall would provide greater relief to railroads.
This proposed rule offers flexibilities that would result in cost
savings. By extending this regulatory relief, many regulated entities,
including small entities, would experience a cost savings.
Consequently, FRA certifies that the proposed action would not have a
significant economic impact on a substantial number of small entities.
In accordance with section 213(a) of the Small Business Regulatory
Enforcement Fairness Act of 1996 (Pub. L. 104-121, 110 Stat. 857), FRA
wants to assist small entities in understanding this proposed rule so
they can better evaluate its effects on themselves and participate in
the rulemaking initiative. If the proposed rule would affect your small
business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
consult the person listed under FOR FURTHER INFORMATION CONTACT.
D. Paperwork Reduction Act
This proposed rule offers regulatory flexibilities, and there are
no new collection of information requirements contained in this
proposed rule, in accordance with the Paperwork Reduction Act of 1995
(44 U.S.C. 3501-3520). The recordkeeping and reporting requirements
already contained in part 225 were approved by the Office of Management
and Budget (OMB) on December 5, 2023, and the information collection
requirements thereby became effective when they were approved by OMB.
The OMB approval number is 2130-0500, and OMB approval expires on
December 31, 2026. However, this proposed rule will decrease the
paperwork burden in 49 CFR part 225 by retiring Form 6180.107 and Form
6180.150. All other paperwork requirements within part 225 remain the
same. By removing this reporting and recordkeeping requirement, the
currently approved total burden of 30,284 hours will decrease by 904
hours for a revised estimate of 29,380 hours.
E. Environmental Assessment
FRA has analyzed this rule for the purposes of the National
Environmental Policy Act of 1969 (NEPA). In accordance with 42 U.S.C.
4336 and DOT NEPA Order 5610.1C, FRA has determined that this rule is
categorically excluded pursuant to 23 CFR 771.118(c)(4), ``[p]lanning
and administrative activities that do not involve or lead directly to
construction, such as: [p]romulgation of rules, regulations, and
directives.'' This rulemaking is not anticipated to result in any
environmental impacts, and there are no unusual or extraordinary
circumstances present in connection with this rulemaking.
F. Federalism Implications
This proposed rule will not have a substantial effect on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government. Thus, in accordance with E.O. 13132,
``Federalism'' (64 FR 43255, Aug. 10, 1999), preparation of a
Federalism Assessment is not warranted.
G. Unfunded Mandates Reform Act of 1995
This proposed rule would not result in the expenditure, in the
aggregate, of $100,000,000 or more, adjusted for inflation, in any one
year by State, local, or Indian Tribal governments, or the private
sector. Thus, consistent with section 202 of the Unfunded Mandates
Reform Act of 1995 (Pub. L. 104-4, 2 U.S.C. 1532), FRA is not required
to prepare a written statement detailing the effect of such an
expenditure.
H. Energy Impact
E.O. 13211 requires Federal agencies to prepare a Statement of
Energy Effects for any ``significant energy action.'' \6\ FRA has
evaluated this proposed rule in accordance with E.O. 13211 and
determined that this proposed rule is not a ``significant energy
action'' within the meaning of E.O. 13211.
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\6\ 66 FR 28355 (May 22, 2001).
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I. E.O. 13175 (Tribal Consultation)
FRA has evaluated this proposed rule in accordance with the
principles and criteria contained in E.O. 13175, Consultation and
Coordination with Indian Tribal Governments, dated November 6, 2000.
The proposed rule would not have a substantial direct effect on one or
more Indian tribes, would not impose substantial direct compliance
costs on Indian tribal governments, and would not preempt tribal laws.
Therefore, the funding and consultation requirements of E.O. 13175 do
not apply, and a tribal summary impact statement is not required.
J. International Trade Impact Assessment
The Trade Agreement Act of 1979 \7\ prohibits Federal agencies from
engaging in any standards or related activities that create unnecessary
obstacles to the foreign commerce of the United States. Legitimate
domestic objectives, such as safety, are not considered unnecessary
obstacles. The statute also requires consideration of international
standards and, where appropriate, that they be the basis for U.S.
standards. This rulemaking is purely domestic in nature and is not
expected to affect trade opportunities for U.S. firms doing business
overseas or for foreign firms doing business in the United States.
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\7\ 19 U.S.C. Ch. 13.
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K. Privacy Act Statement
In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its rulemaking process. DOT posts these
comments, without
[[Page 28654]]
edit, to <a href="http://www.regulations.gov">http://www.regulations.gov</a>, as described in the system of
records notice, DOT/ALL-14 FDMS, accessible through
<a href="http://www.transportation.gov/privacy">www.transportation.gov/privacy</a>. To facilitate comment tracking and
response, we encourage commenters to provide their name, or the name of
their organization; however, submission of names is completely
optional. Whether or not commenters identify themselves, all timely
comments will be fully considered. If you wish to provide comments
containing proprietary or confidential information, please contact the
agency for alternate submission instructions.
L. Rulemaking Summary
As required by 5 U.S.C. 553(b)(4), a summary of this rule can be
found at <a href="http://regulations.gov">regulations.gov</a>, Docket No. FRA-2025-0124, in the SUMMARY
section of this proposed rule.
List of Subjects in 49 CFR Part 225
Investigations, Penalties, Railroad safety, Reporting and
recordkeeping requirements.
The Proposed Rule
For the reasons discussed in the preamble, FRA proposes to amend
part 225 of chapter II, subtitle B of title 49, Code of Federal
Regulations as follows:
0
1. The authority citation for part 225 continues to read as follows:
Authority: 49 U.S.C. 103, 322(a), 20103, 20107, 20901-20902,
21301, 21302, 21311; 28 U.S.C. 2461 note; and 49 CFR 1.89.
0
2. Revise Sec. 225.3(b) introductory text to read as follows:
Sec. 225.3 Applicability.
* * * * *
(b) The Internal Control Plan requirements in Sec. 225.33(a)(3)
through (a)(10) do not apply to:
* * * * *
0
3. Remove Sec. 225.21(j) and (k).
0
4. Remove Sec. 225.25(i) and (j).
0
5. Revise Sec. 225.27(a) to read as follows:
Sec. 225.27 Retention of records.
(a) Each railroad shall retain all of the following records for at
least three years after the end of the calendar year to which they
relate:
(1) Form FRA F 6180.98, ``Railroad Employee Injury and/or Illness
Record.''
(2) Monthly List of Injuries and Illnesses required by Sec.
225.25.
(3) Form FRA F 6180.97, ``Initial Rail Equipment Accident/Incident
Record,'' required by Sec. 225.25.
(4) The Employee Human Factor Attachments (Form FRA F 6180.81,
``Employee Human Factor Attachment'') required by Sec. 225.12, that
have been received by the railroad.
(5) The written notices to employees required by Sec. 225.12 (Part
I of Form FRA F 6180.78, ``Notice to Railroad Employee Involved in Rail
Equipment Accident/Incident Attributed to Employee Human Factor;
Employee Statement Supplementing Railroad Accident Report''), that have
been received by the railroad.
(6) The employee statements supplementing railroad accident reports
described in Sec. 225.12(g) (Part II of Form FRA F 6180.78, ``Notice
to Railroad Employee Involved in Rail Equipment Accident/Incident
Attributed to Employee Human Factor; Employee Statement Supplementing
Railroad Accident Report''), that have been received by the railroad.
* * * * *
0
6. Remove Sec. 225.33(a)(11).
0
7. Revise Sec. 225.35(b) to read as follows:
Sec. 225.35 Access to records and reports.
* * * * *
(b) Each railroad subject to this part shall also provide to any
representative of the Federal Railroad Administration or of a State
agency participating in investigative and surveillance activities under
part 212 of this chapter or any other authorized representative access
to relevant medical and claims records for examination and photocopying
in a reasonable manner during normal business hours. Such
representatives shall display proper credentials when requested. Each
railroad shall identify the locations where a copy of any record and
report required under this part is accessible for inspection and
photocopying by maintaining a list of such establishment locations at
the office where the railroad's reporting officer conducts his or her
official business. A copy of any record and report required under this
part shall be accessible within four business hours after the request.
FRA will not assess a monetary penalty against the railroad for its
failure to provide the requested documentation when circumstances
outside the railroad's control preclude it from fulfilling the four-
business-hour time limit and the railroad has made a reasonable effort
to correct the problem. Should a railroad assert a legal privilege with
respect to certain claims and medical records, failure to provide FRA
access to such records would not constitute a violation of this
section. FRA retains the right to issue a subpoena to obtain such
records under 49 U.S.C. Sec. Sec. 20107 and 20902 and Sec. Sec.
209.7(a) and 225.31(a)(2) of this title, and the railroad may contest
that subpoena.
Issued in Washington, DC.
Kyle D. Fields,
Chief Counsel.
[FR Doc. 2025-12194 Filed 6-27-25; 4:15 pm]
BILLING CODE 4910-06-P
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